We have listed below some of the more
common definitions in respect of employment. Should you have a query which is
not listed please email us at : admin@claim-link.co.uk and we will
respond to you.
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| Acknowledgement of service |
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Should the Defendant decide to defend a claim they must
respond accordingly to the court. A response pack is included with the Claim
Form (N1) which the Defendant can use to indicate that they will be filing a
defence. The Defendant must file the Defence within 28 days otherwise the
Claimant can obtain Judgment in Default.
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The court require a fee when a hearing date is
allocated. For claims in excess of £1,500.00 the fee is £100.00.
This is explained on our costs page.
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If a claim is defended an Allocation Questionnaire (AQ)
must be completed by both the Claimant and Defendant. The AQ must be completed
and returned to the court by a specific date - about 14 days from receipt - and
the fee included if appropriate. The main purpose of the AQ is to provide the
court with adequate information to assign the claim to the most appropriate
track and to enable the judge to make any directions if required.
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addition, both parties can inform the court of any dates when they cannot be
available for a hearing. Any witnesses should also be included on the AQ and
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The sum of money which the court decides you should
receive. This can include interest, court fee, traveling expenses etc.
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The subject of court proceedings i.e. a claim for money
owed to the Claimant.
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Called the N1 form this is the means whereby the
Claimant can commence the court proceedings. A copy of the N1 is forwarded to
the Defendant by the court together with a response pack for the Defendant to
either admit or defend the claim.
The N1 should contain adequate
Particulars of Claim in order for the court and the Defendant to fully
understand the substance of the Claimant's claim.
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The person making the claim - previously called the
Plaintiff.
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A local court designated for civil proceedings and
regulated by H M Court Service.
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A bailiff employed by the court (as opposed to a
private bailiff) and authorised to collect goods and money in accordance with
court orders. The court bailiff will also carry out property repossession
(evictions).
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A higher court than the county court. The Crown Court
carries out criminal proceedings and significant Civil proceedings.
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When a Defendant disputes a claim they forward a
Defence to the court. The Defendant must respond to the court within 21 days
indicating that they intend to defend and then file the Defence within a
further 28 days.
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The Defendant is a person or entity from whom the
Claimant requires a financial settlement or other remedy.
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During the course of the Claim the District Judge will
from time to time serve Directions on the Claimant and/or the Defendant. These
Directions are essentially instructions and must be complied with.
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The District Judge is local to the court and was
previously known as a Stipendiary Magistrate. Small Claims are heard by a
District Judge only and they normally make a decision on the day of the
hearing. In a small percentage of claims the judgment may be set aside while
the District Judge considers the documents and evidence - the judgment then
follows in writing.
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After obtaining a Judgment the Defendant may not comply
and the Claimant may need to enforce the judgment. The methods of enforcement
are explained on our web page at Enforcing
Judgments.
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There is no substitute for good evidence. Although a
lot can be verbal, written evidence which corroborates the verbal evidence is
advisable. It is OK to provide a witness statement but backing it up with good
written evidence is certainly preferable.
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The Fast Track is for claims of £5,000.00 to
claims of £15,000.00.
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This is a court order requiring one or both parties to
effect payment or remedy or to strike out a claim.
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In the event that a Defendant fails to respond to the
N1 Claim Form within the specified time the Claimant is at liberty to apply to
the Court for Judgment in Default which means that judgment is entered for the
full amount of the Claim. No court appearance is required and once the Judgment
is entered the Claimant can commence enforcement proceedings.
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The Court Mediation Service is designed to settle
Claims without the need for a Court hearing. The service is operated by
volunteer professionals who do not take sides and do not provide any form of
judgment - their job is to try to find a way of settling disputes.
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Claims in excess of £15,000.00.
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When a Claim has been filed at Court a copy of the
Claim Form is forwarded to the Defendant. At the same time a Notice of Issue is
forwarded to the Claimant. On the notice is the court's claim number, the date
of issue, the date of service and the final date for the Defendant to
respond.
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The Claim Form must contain detailed Particulars
explaining the background to the claim and how much the claim is for. There
should also be details of dates, times etc and a full explanation as to how the
claimed amount has been calculated.
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A Judgment can be requested when there is no hearing
but the Defendant has failed to respond either to the Claim Form or to
Directions from the court.
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A Judgment can be set aside if the Court decide that
there is good reason to re-visit the Claim. Such a reason could be accident or
illness causing one of the parties to miss a hearing or non-delivery of
essential documents.
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Claims up to £5,000.00.
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Witness statements, Claim Forms and other court
documents completed by Claimants, Defendants and witnesses should include a
Statement of Truth. This has largely taken the place of the affidavit.
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This is calculated at 8% per annum (currently) for each
day of the dispute until judgment and settlement.
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The court can strike out a claim if there is a failure
to file documents on time, directions are ignored or the Claim is obviously
spurious or malicious. Strike out means that the Claim process ceases but can
be re-instated if there is good reason.
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